State v. Heller
State v. Heller
Opinion of the Court
The defendant, having been convicted of the crime of breach of peace by assault, has appealed, assigning error in the denial of his motion to correct the finding and in the failure to grant his motion to dismiss the information at the conclusion of the state’s case. Further error is assigned in the court’s conclusion of guilt, the defendant claiming that the evidence does not support such a conclusion beyond a reasonable doubt. Upon the defendant’s last assignment of error we determine from the entire evidence whether the court erred in concluding that guilt was established beyond a reasonable doubt. It is, therefore, unnecessary to consider in detail the claims of error directed to the finding. State v. Pundy, 147 Conn. 7, 8.
On or about July 25, 1967, the complaining witness, a young wife and mother, living in New Britain, received a telephone call from the Family Publication Service, Inc., of New Haven, soliciting a magazine subscription. She expressed some interest in a subscription and was told that a representative of the company, also known as a “closer,” would call on her and discuss such a subscription. On or about July 26, at approximately 11 a.m., the defendant, a “closer” for the organization, called at the home of the complainant. The defendant, after knocking on the front door and receiving no response, went to the rear door, where he met the complainant and informed her that he had come to discuss a subscription for the magazine in which she had expressed interest. The complainant told him to wait there as she wished to get her baby, who was in a crib in an
After the state had rested the defendant moved to dismiss the information, claiming the state had failed to establish a prima facie case. In view of the testimony of the complaining witness, accepted by the court as set forth in its finding, it is difficult to follow the defendant’s reasoning. The direct evidence, without resort to inferences or presumptions, if believed by the trier, as it apparently was, was sufficient to establish a prima facie case. Not only does it appear that an assault was made upon the complainant but the evidence indicates it was accompanied by a battery. See 2 Swift, Digest (Rev. 1862) p. 365; 6 Am. Jur. 2d, Assault and Battery, §§ 3-7.
Upon all the evidence, the court was warranted in concluding that the defendant was guilty of the offense charged beyond a reasonable doubt.
There is no error.
In this opinion Kosicki and Jacobs, Js., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.